A warrant of arrest has been issued against a Yemeni national accused of killing a man over a million-dollar deal that turned sour in 2016.
Katutura magistrate Vanessa Stanley ordered for a warrant of arrest for Murad Esmail Ali Al-Hersh (44) after he failed to make an appearance in court.
Al-Hersh was released on bail of N$50 000 in December 2019 after spending three years and four months in police custody awaiting trial.
At the time of his release, the court noted it was grossly unfair to keep Al-Hersh in custody more than a year after the investigation had been concluded and without a trial date in sight.
Currently, with his whereabouts unknown, Stanley ordered for his bail money to be fortified to the State.
Al-Hersh is facing a charge of murder, robbery and defeating or obstructing the course of justice.
All charges emanate from the shooting incident that took place during the night of 31 July to 1 August 2016 in an open space in Kleine Kuppe.
The prosecution is alleging that Al-Hersh shot Malian national Gamby Baya, who was 35-years-old at the time, due to unlawful money dealings that turned sour.
It is alleged the victim could not account for the money he was asked to exchange.
Baya allegedly failed to account for US$150 000 (N$2.1 million at the exchange rate at the time) of US$500 000 (N$7.3 million), which resulted in his execution.
According to the substantial facts on the charge sheet, Al-Hersh unlawfully and with intent killed Baya at an open space in Kleine Kuppe.
Police reports indicate that Baya was discovered with a gunshot wound between his eyes.
The report further indicates that Baya was shot in the head while he was seated in his 2014 model Hyundai Elantra.
The vehicle was found abandoned in the Olympia residential area.
During his arrest on 2 August 2016 in Ongwediva, Al-Hersh was allegedly found in possession of more than N$70 000, an amount which the police allegedly could not link to the victim.
Al-Hersh has denied any wrongdoing in connection to the death of Baya.
During his bail hearing, Al-Hersh admitted he was in the company of Baya on that day.
He, however, denies killing him.
The accused, who is the only witness to the crime, testified that he was together with Baya and they drove together to Kleine Kuppe.
Baya was allegedly going to settle a debt with a certain Osam.
During the meeting, Baya allegedly informed Osam he had no money, which angered Osam, who then shot Baya in the face.
Following the shooting, Osam allegedly forced him at gunpoint to drive Baya’s car back to the Olympia area of Windhoek.
It is still unclear whether the police managed to establish the existence of Osam and question him on this matter.
He further informed the court that he is married to a Namibian woman, with whom he shares two children.
– mamakali@nepc.com.na